Advisory Opinion No. 97-55

Re: Henry Boeniger

QUESTION PRESENTED

The Petitioner, Vice-President of the Westerly Town Council, a municipal elected position, requests an advisory opinion as to whether he may participate in the consideration of the Town's budget, which includes the budget for the School Department, under the Rule of Necessity if the remaining members votes result in a tie given that the Commission previously advised the Petitioner in an advisory opinion that he could not participate in a separate vote on the School Budget since he is a full-time salaried employee of the Rhode Island Office of the National Education Association (NEA), the organization which represents the Westerly Teachers' Association.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, Vice-President of the Westerly Town Council, a municipal elected position, may under the Rule of Necessity vote on the School Department's budget as a separate line-item, only if, after all other members of the Town Council have voted, a tie results. The Commission has on rare occasions found situations warranting a Rule of Necessity Exception and only when recusals based on a conflict of interest would inhibit governmental process. The Commission finds that based on the specific facts of this matter, that such an exception is warranted. However, we caution the Petitioner that he should continue to recuse on matters concerning the School Budget specifically unless and until a deadlock among all other members of the Council has occurred.

Code Citations:

36-14-5(a)

36-14-5(d)

Related Advisory Opinions:

96-65

93-31

92-1

92-25

Keywords:

recusal

rule of necessity